remanded EB-1C Case: Retail Trade

U.S. Citizenship 
and Immigration 
Services 
In Re: 13088987 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: NOV. 27, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner identifies itself as a "retai I trade" operation and seeks to permanently employ the 
Beneficiary as its "President/CEO" under the first preference immigrant classification for 
multinational executives or managers. See Immigration and Nationality Act (the Act) 
section 203(b)(l)(C) , 8 U.S.C. § 1153(b)(l)(C) . This classification allows a U.S. employer to 
permanently transfer a qualified foreign employee to the United States to work in an executive or 
managerial capacity. 
The Director of the Texas Service Center denied the petition concluding that the Petitioner did not 
establish, as required, that it has a qualifying relationship with the Beneficiary's former employer 
abroad. The Director also entered a separate finding of willful misrepresentation of a material fact 
against the Beneficiary . The Petitioner subsequently filed a motion to reconsider, which the Director 
denied, concluding that "[t]he evidence submitted with the motion to reopen does not establish that 
the requirements for filing a motion to reopen have been met." Despite finding that the Petitioner's 
evidence was insufficient, the Director made an inconsistent determination, that the Petitioner "did not 
submit any evidence." The matter is now before us on appeal, where we must assess the propriety of 
the Director's decision to deny the Petitioner's motion to reconsider. 
Upon de nova review, we conclude that the Director incorrectly denied the Petitioner's motion to 
reconsider. Although the Director cited the applicable regulatory provision for a motion to reconsider, 
the denial was based on the Petitioner's failure to meet the requirements for a motion to reopen. 
Because the Petitioner filed a motion to reconsider and the Director's decision was based on an 
assessment of the merits of a motion to reopen, the decision must be withdrawn . We hereby remand 
the matter for further proceedings where the Director shall determine whether the Petitioner met the 
requirements of a motion to reconsider. 
ORDER: The Director's decision on motion is withdrawn . The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision.